Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1887-02-05

SENATOR STEWART. stock Stewards
career as a lawyer has always been such as Ia
give him inside information about stocks of
the ConstocS lode. He had the usual expe-
rience of the pioneer les.ders Of California and
Nevada After spending year and half
IN Yale college he went t. San Francisco
about the sane time that John Z. Jones did.
where he read law and soOl stepped into a
good practice He went TO Nevada when 1t
was a part Of the territory of Utah Some
amusing stories are told of his early practice
In Nevada. Ia one Of the first suits in the
long series of ltIgations over the Conlstock
property Stewart was engaged counsel
The Savage Mining company, w At that
time consisted Of six men. hut two # whom
couli write, and in their notice Of claim
spoke Of the possible wealth buried in the
bosom Of the earth Hs the suI1,ls.ai quarts
vein" hal their claim jumped 10y a company
that has since disappeared from the
lode The Jumpers built a rough stone fort,
and sarrisoned it with thirty men armed
witA rifles. The Jumpers bought up the jury
when the Savage company brought suit
against them, paying $50 a head. The fHbu-
lous wealth of the lode was then well demon
stratei, and the sage brush hillSides were
thick at night with men rolled up in their
blankets Lawyers, who SAW a rich harvest
In the litigation to come, focked in. They
were glad enough to get a barn and a pile Of
straw ~ sleap on, and Judge Cradlebaugh
the federal judge, was glad enough to sleep
with them The court. a little room over the
livery stable. hristlrl with SIX shooters during
Its daily sessions. I'm the middle of the suit
President Buchanan removed Judge Cradle
baugh aul appointed his former minister to
The Hague, X. 7. Flennikan The tenure of
territorial juiGo>hips at that day was not
well defined. Judge CradlebauSh insisted
upon holding his Office Stewart and Judge
Terry, famous from his duel with Senator
BroderIck, We're on opposite sides Of the Saw
age suit. They decided 10 try their case be-
fore the Old judge; but, as the latter made
his charge accord closely with Mr. Stewards
views Of evidence. Terry said he should
recognize the authority Of Judge Flennikan,
The new judge came to Virginia City very
much as If he were going 10 the court of
Holland, and very nearly lost his life by
wearing tall silk hat, which was said 10 be
the only one in Utah. The question Of
jurisdiction having been appealed TO, the su-
prerne court of the territory at Carson
City. il was decided that Cradlebaugh
was judge Stewart went to bed one night
thinking he had won his suit Judge Flenni-
kan had said the day before that he would
acquiesce in the decision of the supreme
court In the middle of night a messenger
came into Stewards room 90 tell him that
Judge Flennikan had changed his mind
Stewart said he was fearfuiIy diSgusted He
thought the case was gone. But be decided
10 he master Of the situation He pulled on
his clothes in great haste, and went poking
about IN the saloons trying 10 find Flennikan
Bringing hi, hand down upon that dignitary's
shoulder with great force. he demanded his
resignation and instant enlistment in a posse
TO 90 10 arrest the jumpers. The judge OBJ
lertei. but the lawyer kept his powerful grip
on his >houldor ana yanked him along to the
telegraph ofire. There Stewart wrote ines
sage, to Fi-nnIkan's marshal and Val ious off
cialS, telling them that lac had resigned posi-
lively. Vow sign those, said Stewart. The
judge did 80 Stewart tossed the teiegrams
60 the operator, saving: Send those tele-
grams ami then hide for an hour In an
hours time the garrison surrendered and
Stewards client was victorious. Never be
fore Was lawyer - successful IN arresting
the court
At another time when Judicial honor was
running low Stewart forced the entire bench
Of the territory 10 resign. One judge who
held out a Ilttle went To Stewart and asked
what he should DO Do said the lawyer.
grufflv. Resign, resign at once" Stewart
called for paper and pen and made the fellow
resign then and there Thus in one day the
territorial Judiciary was wiped out of exist
euce.
\ large share % Senator Stewards wealth
probably came from fees in the Comstocs
litigation \ few years ago he estimated the
entire litigation on the Comstock lode at So